Clarification of information concerning MacAndrew and Broad Bay prohibited areas.

Karen Anderson made this Official Information request to Dunedin City Council

Response to this request is long overdue. By law Dunedin City Council should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: Karen Anderson

Dear Dunedin City Council,

My preference is to receive the requested information by email.

The report of the Chairperson of the Dog Control Working Party states:

"Legal advice was provided from the DCC in-house legal counsel as to how we can address matters raised including:
- Due to a concern raised by dog owners about their safety, allow them to walk their dogs on a leash on the marked path through Macandrew Bay & Broad Bay prohibited areas. This will ensure they are not put at risk by having to walk on the busy road."

The legal advice was:
"This will trigger the need for public consultation so will be done when the Bylaw is next reviewed in 3-5 years."

I can find no record of this being raised in the Working Party but have inspected the maps stated to be the bylaw. Both areas contain an orange line and the accompanying pop-up states the line is a “Path”, and that dogs are permitted on-leash.

As dogs appear to be permitted to walk along the paths in both areas, dog owners could avoid the road and remain safe by walking on-leash along the designated path.

Accordingly I have been requested by members of the Dunedin Dog Bylaw Group to ask why the DCC in-house legal Counsel provided the Working Party with advice that walking a dog on-leash along designated on-leash pathways triggers the need for a public consultation.

Yours faithfully,

Karen Anderson

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Karen Anderson left an annotation ()

Update: On 8 March, sent direct to me rather than via the FYI platform, and as part of a large document dealing with multiple requests the DCC stated:

"Why has the DCC in-house legal Counsel provided the Working Party with advice that walking a dog on—Ieash along designated on—leash pathways triggers the need for a public consultation?"

The provisions in the Bylaw do not permit dogs to walk through the MacAndrew Bay and Broad Bay reserves. However, the map you refer to that is included in the bylaw does show a path that permits dogs to walk through the MacAndrew Bay and Broad Bay reserves. This map was incorrectly included in the Bylaw maps. A conflict therefore arises between the incorrect map and the wording of the Bylaw. Council believes it is in the best interests of the community, for safety reasons, to allow dogs to walk through these areas. When the Bylaw is next reviewed, the wording will need to be corrected to reflect the allowance for walking in the areas as shown on the map, hence will form part of the consultation that is required to be undertaken when reviewing a bylaw.

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Karen Anderson left an annotation ()

The following subsequent requests are relevant to (and contradict) this request:

Status of the Dog Control Bylaw 2016 Maps
https://fyi.org.nz/request/10439-status-...
- Includes the statement the maps *had* been amended to allow walking through Macandrew Bay without any review.
- Makes no mention of Broad Bay although that is of the same nature.

Changes to Blue (DCC-owned) and Yellow (hunting permit) shading in the Dog Control Bylaw Maps
https://fyi.org.nz/request/9490-changes-...
- Deals with amendments to the map that were made without any review (or even public notification)
- The list of "removed areas" is 13 pages long

This (contradictory) information was not provided until after Ombudsman involvement.

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